Rajasthan High Court - Jodhpur
Sorabh College Of Veterinary ... vs State Of Rajasthan on 21 December, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 392/2022
IN
S.B. Civil Writ Petition No.15402/2022
Sorabh College Of Veterinary Science, Hindaun-Karauli Road,
Village Kheda, Tehsil Hindauncity, District Karauli (Under The
Management Of Rajasthan Delhi Education Society, Aitc Krishna
Colony, Bayana Moad, Hindauncity, District Karauli Through Its
Secretary Mahesh Singh S/o Vijay Singh, Age 42 Years, Resident
Of C-40, Kusum Vihar, Jagatpura, Jaipur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through The Director, Animal
Husbandry Department, Jaipur.
2. Deputy Secretary To The Government, Department Of
Animal Husbandry, Secretariat, Jaipur.
3. Rajasthan University Of Veterinary And Animal Sciences,
Bikaner, Through Its Registrar.
----Respondents
For Petitioner(s) : Mr. Digvijay Singh Sodha for
Mr. CS Kotwani
For Respondent(s) : Mr. Anil Kumar Gaur, AAG
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/12/2022
The matter comes up on application no.392/2022 seeking
modification of order dated 18.11.2022 passed by this Court in
S.B. Civil Writ Petition No.15402/2022.
For the reasons mentioned in the application, the same is
allowed.
(2 of 3) [WMAP-392/2022]
The order dated 18.11.2022 is modified and is substituted as
follows :-
"Learned counsel for the petitioner-institution submits that the controversy
involved in the present writ petition has already been decided by the Co-ordinate Bench of
this Court in the case of Professor S Karan Shiksha Samiti Vs. State of Rajasthan &
Ors. (S.B. Civil Writ Petition No.24692/2018 decided on 09.04.2019).
Learned counsel for the petitioner-institution further submits that the aforesaid view
was taken by this Court in the light of the adjudication by a Constitution Bench of the
Apex Court of the land in the case of Islamic Academy of Education Vs. State of
Karnataka : 2003 (6) SCC 679, which reads thus:
"25. Privately managed educational institutions imparting professional
education in the fields of (33) medicine, dentistry and engineering have
spurted in the last few decades. The right of the minorities to establish an
institution of their own choice in terms of clause(1) of Article 30 of the
Constitution of India is recognized; so is the right of a citizen who intends
to establish an institution under Article 19(1)(g) thereof. However, the
fundamental right of a citizen to establish an educational institution and in
particular a professional institution is not absolute. These rights are
subject to regulations and laws imposing reasonable restrictions. Such
reasonable restriction in public interest can be imposed under Clause (6)
of Article 19 and regulations under Article 30 of the Constitution of India.
The right to establish an educational institution, although guaranteed
under the Constitution, recognition of affiliation is not. Recognition or
affiliation of professional institution must be in terms of statute."
Learned counsel for the petitioner-institution submits that the petitioner-institution
would be satisfied if representation, which the petitioner-institution would be filing before
the respondents within a period of fifteen days from today, is ordered to be considered in
the light of the judgment passed by the Coordinate Bench at Jaipur in case of Professor S
Karan Shiksha Samiti Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition
No.24692/2018 decided on 09.04.2019).
(3 of 3) [WMAP-392/2022]
In view of submissions made by learned counsel for the petitioner-institution, the
petitioner-institution may file a representation along with a copy of the above referred
order dated 09.04.2019 and a certified copy of the order instant within a period of two
weeks from today.
In case representation is so addressed, the respondent shall consider and decide the
representation, in accordance with law preferably within a period of two months from
receipt of the representation.
It is made clear that aforesaid direction to decide the representation has been issued
only with a view to ensure expeditious redressal of petitioner-institution's grievance. The
same may not be construed to be an order to decide the representation in a particular
manner.
The writ petition so also the stay application stand disposed of accordingly. "
(DR.PUSHPENDRA SINGH BHATI),J
268-Sanjay/-
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